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(영문) 부산지방법원 2016.11.04 2016고정2425

노동조합및노동관계조정법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. located in Busan Geum-gu and is the employer who operates a taxi company using 135 full-time workers.

An employer shall not pay wages to the full-time officer of a trade union or assist him in operating expenses of a trade union.

Nevertheless, from May 2013 to December 2014, the Defendant paid KRW 100,000 per month to D (the full-time officer of the labor union) who is the representative labor union of the above workplace from May 2013 to December 2014, and supported the full-time officer of the labor union.

Summary of Evidence

1. Defendant’s legal statement [The Defendant stated to the effect that “D’s payment of benefits from May 2013 to December 2014 is appropriate” during the first trial.]

1. Statement of police statement of E, F, and D;

1. D's response;

1. Application of Acts and subordinate statutes to persons exempted from working hours, guidance on the treatment of those exempted from working hours, wage ledgers, support activities expenses for companies other than old-age affairs, etc.;

1. Relevant Article 90 of the Trade Union and Labor Relations Adjustment Act, and Articles 90 and 81 subparagraph 4 of the Trade Union and Labor Relations Adjustment Act, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;